Kellogg Estate (Re)

Kellogg Estate (Re)

A petition should name as respondents all persons given notice because those persons' interests may be affected and naming clarifies who is bound; the court may amend unentered reasons or orders to correct and clarify factual descriptions and legal conclusions, so the Original Petition Reasons are amended to add the...

Source-derived case information.

Citation
2014 BCSC 1541
Parties
Petitioner (executrix of the Will of Robert Payne Kellogg; Successor Trustee of the Kellogg Family Trust): Inga Kellogg Rouches; Respondent: Vivian Payne Kellogg; Respondent: Susanna Mitchell Kellogg; Respondent (in Personal Capacity and as Executrix of the Will of Lisa E. Kellogg): Inga Kellogg Rouches
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 August 2014
Procedural Posture
Estate/probate Petition / Hearing on Petition; Supplementary Reasons and Corrigendum After Judgment (order Not Yet Entered)
Outcome
Court amended the style of cause to name parties as set out and corrected the Original Petition Reasons by amending specified paragraphs to clarify positions and correct the intestacy description.
Legal Topics
Incorporation by Reference, Style of Cause, Service and Notice, Intestacy, Interpretation of Will, Correction/amendment of Reasons for Judgment
Source Language
english
Wills and Estates Trusts Civil Procedure Incorporation by Reference Style of Cause Service and Notice Intestacy Interpretation of Will +1 more

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Parties

Inga Kellogg Rouches

Petitioner (executrix of the Will of Robert Payne Kellogg; Successor Trustee of the Kellogg Family Trust)

Vivian Payne Kellogg

Respondent

Susanna Mitchell Kellogg

Respondent

Inga Kellogg Rouches

Respondent (in Personal Capacity and as Executrix of the Will of Lisa E. Kellogg)

Procedural Posture

Estate/probate Petition / Hearing on Petition; Supplementary Reasons and Corrigendum After Judgment (order Not Yet Entered)

Legal Issues

  1. 1 Proper style of cause for a petition and who should be named as respondents
  2. 2 Whether persons given notice should be named as respondents and thereby clarify who may be affected by relief
  3. 3 Whether the court may amend reasons for judgment and vary an unentered order

Ratio Decidendi

A petition should name as respondents all persons given notice because those persons' interests may be affected and naming clarifies who is bound; the court may amend unentered reasons or orders to correct and clarify factual descriptions and legal conclusions, so the Original Petition Reasons are amended to add the respondent capacity and to correct and clarify specified paragraphs, including the description of intestacy outcomes.

Court Disposition

Court amended the style of cause to name parties as set out and corrected the Original Petition Reasons by amending specified paragraphs to clarify positions and correct the intestacy description.

Orders

  • Style of cause amended to name Inga Kellogg Rouches as a respondent in her capacity as Executrix of the Will of Lisa E. Kellogg
  • Original Petition Reasons amended at paragraphs 4, 7, 79, 83, 84, and 89(b) as set out in the supplementary reasons